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Flashcards in Revision Deck (32)
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1

what is the MACR

children under 10 cannot be arrested
children between 10-18 are arrested but as a youth

2

what is criminal responsibility

The act and the guilty mind

3

what is actus reus

the act

4

what is mens rea

a guilty mind

5

what is the guilty mind?

knowing something is criminally wrong

6

children under the age of 10 are what?

doli incapax

7

what is doli incapax

incapable of evil

8

is children are doli incapax then they are incapable of what?

mens rea

9

YES
House of Lords 2003

the MACR in England and Wales is difficult to understand" at is it "so out of line with prevailing practice in Europe"

10

YES
Bernberg and Kronn 2003

Contact with the YJS reduces the likelihood that they will complete their education, obtain qualifications and gives them less employment prospects

11

YES
Bateman 2012

lowest MACR is usually associated with highest rates of youth imprisonment

12

YES
McAria and McVie 2007

The deeper that children and young people penetrate the YJS, the more "damaged" they are likely to become and less likely to desist.

13

YES
the royal society, 2011

children are more likely to take risks

14

YES
piaget theory

the 2 final stages which involve development of logical thoughts and beginning of abstract reasoning is age 12 and up

15

YES
adams et al 2996

testosterone is much higher in adolescence and is associated with aggression

16

Baird et al 2005

adolescence represent a phase of increased impulsivity, sensation seeking and risk-taking behaviour

17

YES
teicher 2002
kieh et al 2001

maltreatment in children in associated with psychological problems as well as changes in the hypothalamic-pituitary-adrenal axis which can in turn be over or under responsive. Overactivity can result in an increase in impulsive aggression whilst underactivity can result in a lack of empathy, non-responsiveness to punishment and increased aggression.

18

securing immunity from prosecution should be the principle driver for raising MACR

Goldson 2013

19

Childhood and the experience of being a child is to a great extent, socially constructed

Goldson 2013

20

Child offenders have been 'ascribed' with levels and forms of responsibility normally reserved for adults

Goldson 2013

21

childhood is no longer regarded as a ???????? but rather a ??????? that changes through time

biologically fixed and static state of being
moving image
aries 1962

22

Jeff and Smith 1996

it is a 'widespread belief' that children and young people are in some way turning 'ferel'

23

Jenks 1996

child offenders are removed from the category of child

24

what did michael howard describe children as...

"offenders as adults in everything but years" who would not be allowed to use age as an excuse for "immunity from effective punishment"

25

Children that offend are challenging which 4 ideas?

temporal distinction
special nature
innocence
vulnerability

26

what does temporal distinction mean

children are less capable of committing crimes because they are littler and younger

27

what does children having a special nature mean

they are different to adults

28

what does it mean by children are innocent and vulnerable

children are naturally innocent and they are vulnerable by their very nature. they are more likely to be offended against and are the most likely age group to be victims of crime

29

when is peak onset of crime?

8-14

30

what are the 2 ways of conceptualising criminal responsibility in children?

criminal capacity/intention (mens rea)
appropriateness